Will a conditional discharge affect my k1 visa application

[Kerri1972 3]

Hi i recieved a conditional discharge in 2011 for an assault. They told me its not considered a conviction in canada..but for us immigration i hear that it is. What are the chances of me getting a visa with this on my record? Im really worried  

[Cryssiekins 976]

8 minutes ago, Kerri1972 said:

Hi i recieved a conditional discharge in 2011 for an assault. They told me its not considered a conviction in canada..but for us immigration i hear that it is. What are the chances of me getting a visa with this on my record? Im really worried  

Read the wording of your discharge.  Conditional means it will be on your record until the time stated in the conditions has elapsed, at which time it can be removed from your record.  I remember from my early days in law that it was generally 5 years, but would vary if it was indictable/summary/hybrid.  It's technically not a conviction, but it's not an absolute or unconditional either. 

 

Not entirely sure if it just goes off your record automatically or if you have to apply for a record suspension to have it removed.  I'm inclined to think the later only bc everything in Canada comes with a hefty price tag.  Last I touched a record suspension application it was a fee of $631.  

 

Either way, you're likely going to have to disclose the arrest, but it would bode better if the result was removed from your record.  

 

Have you had problems entering the US before for visiting?  (There's a reciprocal agreement where CBP can view your record)

 

If you don't have a copy, go to he court that held jurisdiction to request it and start there.  :-) 

[Kerri1972 3]

Its definitely  a conditional discharge. It was removed after 3 years automatically. When i went to court it was tried summarily. Ive been to the states with no problems since then. Really just stressing myself out now because of it. 

[Cryssiekins 976]

Oh, much simpler than :-)

 

You'll need an RCMP check at the Embassy stage and that should have the arrest on it, so then you can explain the circumstances and show there was no conviction. 

 

No problems entering since that is reassuring, though, being honest, they will scrutinize you a little more when your intent is to live in the US, but summary assault with a conditional d/c shouldn't make you ineligible.  You also have 5+ years of no subsequent problems to show that you're of good character.  People make mistakes.

 

Take a deep breath (or four of them) and just go step by step and cross each bridge as you get to it. 

 

Anything to do with US immigration is painfully overwhelming, but you'll get through it. 

[Kerri1972 3]

9 minutes ago, Cryssiekins said:

Oh, much simpler than :-)

 

You'll need an RCMP check at the Embassy stage and that should have the arrest on it, so then you can explain the circumstances and show there was no conviction. 

 

No problems entering since that is reassuring, though, being honest, they will scrutinize you a little more when your intent is to live in the US, but summary assault with a conditional d/c shouldn't make you ineligible.  You also have 5+ years of no subsequent problems to show that you're of good character.  People make mistakes.

 

Take a deep breath (or four of them) and just go step by step and cross each bridge as you get to it. 

 

Anything to do with US immigration is painfully overwhelming, but you'll get through it. 

Thank you. I did get a clean criminal record check done recently.  We are using a lawyer to file all this stuff for us as well but i have notbhing but time to worry i guess. Lol thanks for your help. I appreciate it